DISEASES

Occupational diseases are illnesses caused by substances or conditions that the employee was exposed to at the workplace. Schedule 3 of the Compensation for Occupational Injuries and Diseases Act sets out the working conditions and diseases caused by these conditions that are covered by the Compensation Fund. An employee can claim compensation if exposed to these working conditions and then getting the related disease.

If a disease is not listed then employees can claim compensation only if they can prove that the disease was caused by conditions at work and not by some other factor. Medical evidence and reports will have to be submitted to the Commissioner. It may also take some time for a disease to become obvious and in such cases employees can claim compensation if they are no longer at a workplace so long as it falls within the time limits for lodging claims. (See Employees develop an occupational disease) The Commissioner will approve or reject the claim. Only if the Commissioner approves the claim, will you get compensation (for temporary or permanent disability) and your medical expenses will be paid. If the disease gets worse after a period of time, you can apply to have your compensation increased.

INJURIES

Injuries covered by the Compensation Act are only those that occur as a result of or at work. Compensation is paid for temporary and permanent disabilities that lead to a loss of earnings.

MOTOR VEHICLE ACCIDENTS WHILE WORKING

If motor vehicle accidents happen while employees are doing their jobs, then they can get compensation from the Compensation Fund. But if they are injured in a motor vehicle accident caused by someone else’s negligent or unlawful driving, even if this is on the job, they can also make a third-party claim from the Road Accident Fund. The money received from the Compensation Fund will be taken off the third-party payment. For example, if the Road Accident Fund agrees to pay damages of R15 000, but the Compensation Fund has already paid R10 000, then the employee will only get R5 000 damages from the Fund. Employees cannot sue their employer for damages if they are injured on the job. But if the employer caused injury to employees while they were NOT on the job, then the employee could sue them.